Discipline: the highest order of business.

• Author: Blankenship, Gary

Talk with enough people about Florida Bar history and one theme that stands out is devotion to the discipline system. Concern with improving the Bar's grievance system to protect the public has been a constant, if somewhat in the background, theme of the Bar. Indeed, improving the grievance system both to improve professionalism and protect the public was cited as one of the reasons for the creation of The Florida Bar.

"The grievance system, I think, has occupied the highest priority within the Bar because of the profound belief within The Florida Bar that lawyers must measure up, they must be honest, they cannot misappropriate funds, they must be fair to their clients and serving the public has got to be the highest order of business for every practicing lawyer," said former Bar Executive Director Marshall Cassedy.

Years ago, when volunteer lawyers were used to prosecute and act as referees in grievance cases, Cassedy said there was never a problem getting an attorney to take a case, even a difficult one.

The late Kenneth Sherouse, who in 1954 became the Bar's first executive director, cited the creation of a workable grievance system as one of the major accomplishments of the Bar's first five years.

"The grievance procedure is the main thing in the beginning that it did," recalled retired Supreme Court Justice Stephen C. O'Connell.

But a workable system was only the start, as the Bar nearly continually has reviewed and revamped its rules and procedures. Today the Board of Governors has the Disciplinary Procedure Committee which does nothing but consider changes--some minor and some major--to the grievance rules. And the Disciplinary Review Committee looks at all cases where the referee has issued a finding, as well as several other cases. Although not a high profile panel because its meetings are confidential, it is considered one of the most important board committees on which to serve.

Changes have been numerous over the years, and this article offers a look at only some of those alterations.

In the early 1970s, a special committee looked at ways to open the grievance system, which was confidential until the Supreme Court acted on a case. Its recommendation was to allow the Bar to reveal when probable cause had been found against lawyers who were running for public office.

The recommendation initially passed the board, but, after a fierce debate, was retracted following arguments that it was unfair to single out only lawyers running for...